In a groundbreaking case in Australia, a man has received a sentence for willfully exposing another individual to a sexually transmitted infection (STI).

Daniel Marriott, who is infected with genital herpes, pleaded guilty to causing grievous bodily harm through reckless behavior after engaging in unprotected sexual relations with the victim in 2023.

He has been sentenced to just over a year in prison, although he will serve this time under community supervision.

In the ACT Supreme Court, Marriott was found guilty of recklessly inflicting serious bodily harm after intentionally exposing a woman to genital herpes.

The court learned that Marriott had contracted HSV-2, the virus responsible for genital herpes, in 2020, prior to initiating a sexual relationship with the woman in early 2023.

Before they engaged in sexual activity, the woman inquired about Marriott’s recent STI testing. He falsely assured her that he was free of infections, despite being aware of his herpes status.

The couple continued to have unprotected sex multiple times, after which the woman began experiencing flu-like symptoms and sores.

When she later sought medical advice at the Canberra Sexual Health Centre, she was diagnosed with HSV-2. Upon confronting Marriott, she informed him that he had transmitted the virus to her, to which he replied, “Yeah, I didn’t think you’d get it though.”

He further expressed to her in a message, “You’re the most attractive person I’ve been with. I didn’t want to tell you. I didn’t want to risk us not having sex.”

Marriott claimed he had been living with the virus since 2020, downplaying the severity of the condition by stating, “You don’t have to worry, it’s not that bad, I live with it.”

The victim conveyed feelings of “disgust” and “betrayal,” stating that her life had been irrevocably altered. “This changes everything. I have to inform every potential partner about this. As you said, people don’t want to be with you when you have it,” she told him.

The court was informed that the herpes infection is lifelong and carries both health consequences and societal stigma. According to NSW Health statistics, one in eight sexually active adults in Australia has genital herpes, making it one of the most prevalent STIs in the country.

Health officials emphasize that even in the absence of visible symptoms, the virus can still be transmitted, as it can be shed from the skin. Acting Justice Michael Slattery noted the alarming prevalence of the virus, while also highlighting Marriott’s role in perpetuating the risk through his actions.

During the sentencing, Acting Justice Slattery dismissed the defense’s argument that Marriott acted impulsively, stating he had numerous chances to disclose his condition. He emphasized that Marriott prioritized his sexual desires over the victim’s health and safety. “The victim will endure various health challenges for the rest of her life,” he remarked.

Marriott’s legal representatives contended that he, at the age of 21, believed he could not transmit the virus as he had no visible lesions at the time. They argued that he mistakenly thought he was not legally obligated to inform sexual partners about his herpes status after reading a health pamphlet provided to him at the time of his diagnosis.

However, Acting Justice Slattery pointed out that the pamphlet clearly included information on transmission and prevention, asserting that Marriott had knowingly lied when asked about STIs. “You were asked about STIs, and you knowingly lied,” he stated.

In a letter to the court, Marriott expressed some remorse for the impact of his actions on the victim, but Justice Slattery assessed that his regret seemed “at best partially” related to the consequences he faced.

Marriott’s career as a teacher has also been severely impacted, resulting in his suspension without pay and making it unlikely for him to return to the field.

Ultimately, he was sentenced to one year and one month of community service under an intensive correction order, marking a significant moment as Australian courts navigate the legal implications of such offenses.